Driven over wet tarmac - who is at fault here?

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If you have been visiting this customer for 8 years then surely she would have seen that all of a sudden that fresh new tarmac all the way down the pavement and on the driveway accesses. Along with the giveaway clues of the cone blocking access I'd have taken a second thought about it before thinking "ah **** it I'll just mount the curb and grass verge".

Also if I was the client I'd be livit, new driveways don't come cheap and that block paving doesn't appear all that old.
 
Thats some pathetic signage right there,Whoever done the tarmac should have put more effort into closing that area up,I mean what was to stop people on the footpath walking on it too?
 
The client knew there was wet tar.
The client knew Miss X would park on the drive way.
How did the client expect Miss X to get to the house either via car or on foot without crossing the wet tar?

Miss X displayed no common sense in driving on the verge to avoid the cone, but thats the point of barriers correct signage, it makes even the stupidest of people aware of ongoing works.
The fact that Miss X could just drive around the cone indicates the measures put in place by the council were totally inadequate.

Miss X could offer to clean the drive as a goodwill gesture but not accept liability.
I still imagine there would some staining or signs that some blocks had been cleaned, my impression is the client would expect it to be returned to the same condition before the tar and might get arsey if it isn't.
 
Xordium said:
What is some clinically obese person walked on it and then sunk? The council would have to take responsibility for digging them out.
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He he he :D

It wouldn't be that deep. Judging by the new tarmaced paths round my area, pavements tarmaced 30 years ago are outliving the ones done 3 years ago.
 
Funny thing after this thread, I happen to go down a newly tarmac pavement road today, and there were big yellow signs on maybe 3 or 4 of the lampposts but not at the end of connecting roads. So if you came down one then turned into a driveway right next to it, you'd have driven right across it.
 
Pay customer as it has nothing to do with them.

Cleaning it asap would have been the best course of action to stop the tar baking in. As it stands the bricks that do get cleaned might stand out from the others ...

As for driving up the curb to get around a cone, really??
 
Oh Sweet Baby Jesus. Your girlfriend has royally mucked up here. It is totally her fault, the signs are clear as day.


claim off your liability insurance and sort that poor woman's drive out!
 
On another note, this is why I would never have a block driveway.

Too easily disfigured.

A poured concrete hard standing area (for working on the car) and gravel elsewhere is much more practical.
 
All this will of course be paid for by the OPs partners public liability insurance which she no doubt has as a person conducting business.

So this whole thing is a non issue.
 
Orionaut said:
On another note, this is why I would never have a block driveway.

Too easily disfigured.

A poured concrete hard standing area (for working on the car) and gravel elsewhere is much more practical.
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I always liked tarmac instead of concrete.


But can be a pain if you spill petrol/beakefluid
 
atpbx said:
All this will of course be paid for by the OPs partners public liability insurance which she no doubt has as a person conducting business.

So this whole thing is a non issue.
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it is an issue, because the Client has pretty much said that they are going to go ahead and get the work done, then ask the OP's GF to cover the cost,
if its to be paid for via insurance then they may refuse to payout as they had not had a chance to quote for the work

from the OP
For me its not a matter of who did what but of a case of needing to have my drive sorted. The men doing the tarmacking said if petrol is poured on it and scrub with a wire brush it may come off but it will be difficult. We are going to get it professionally cleaned and hope that does the trick. Obviously we need this paid for and I hate being in this position but we will have to ask its paid for. I am so sorry as know it was a mistake but hopefully you can understand the position I am in. I don't know if your insurance may cover it or if you want to dispute it with the council?
[Client] x
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you drove past the guys doing the work
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If this is true then there really is no excuse. Tarmac absolutely stinks and the truck with the ramp and guys wheeling barrows full of molten tarmac should have been another clue, with the cone being the final hint you should probably not drive over that jet black tarmac.

Also have my doubts that tarmac is easy to remove. Surely brushing it with petrol is just going to dilute the tar and spread it out? I'd definitely leave the cleaning to the pros, if its even possible to remove.
 
Replacing the blocks is the way to go, trying to clean it will not leave it in a state that the client will accept
blocks can be a pain to lift up individually, but by using the heel of 2 trowles it can be done with a bit of patience
 
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cainer said:
it is an issue, because the Client has pretty much said that they are going to go ahead and get the work done, then ask the OP's GF to cover the cost,
if its to be paid for via insurance then they may refuse to payout as they had not had a chance to quote for the work

from the OP
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Thats the OPs problem, all he has to do is contact his insurers and they handle it from that point onwards, you don't arse around with people people getting quotes and backwards and forwards.

You ring them and say, "oh hi, someone is claiming I have ruined their drive because X reasons, here are their details, sort it out for me"

And that's what they do, because that's what you pay them for.
 
My verdict is 50/50.

It looks worse than it is. You/your GF should stump for cleaning the customers drive, while the council should (and probably will anyway) tidy up the tarmac.
 
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